Search Legislation

International Criminal Court (Scotland) Act 2001

Status:

This is the original version (as it was originally enacted).

SCHEDULE 4Taking of fingerprints etc.

(introduced by section 17)

This schedule has no associated Explanatory Notes

Nomination of court to supervise taking of evidence

1(1)Where the Scottish Ministers receive a request from the ICC for assistance in obtaining evidence as to the identity of a person, they may nominate a court in Scotland to supervise the taking from the person of relevant physical data or a sample (or both).

(2)They shall not do so unless—

(a)they are satisfied that other means of identification have been tried and have proved inconclusive; and

(b)they have notified the ICC of that fact and the ICC has signified that it wishes to proceed with the request.

(3)In this schedule—

  • “relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995 (c. 46); and

  • “sample” means—

    (a)

    a sample of hair or other material taken, by means of cutting, combing or plucking, from the hair of an external part of the body other than pubic hair;

    (b)

    a sample of nail or other material from a fingernail or toenail or from under any such nail;

    (c)

    a sample of blood or other body fluid, of body tissue or of other material taken, by means of swabbing or rubbing, from an external part of the body; or

    (d)

    a sample of saliva or other material taken, by means of swabbing, from the inside of the mouth.

Order to provide evidence

2(1)The nominated court may order the taking from the person by a constable of relevant physical data or a sample (or both).

(2)Where a sample is taken, the sample shall be sufficient in quantity and quality for the purposes of enabling information to be produced by the means of analysis to be used in relation to the sample.

(3)In paragraphs 3 to 5 below “the necessary identification evidence” means the relevant physical data or sample (or both) required by the order of the nominated court.

Requirement to attend and provide evidence

3(1)The order of the nominated court may require the person to attend a police station to provide the necessary identification evidence.

(2)Any such requirement—

(a)shall allow the person at least seven days within which to attend; and

(b)may direct that the person attend at a specified time of day or between specified times of day.

(3)If the person fails to attend in accordance with the order—

(a)the nominated court may issue a warrant for the arrest of the person; and

(b)the person may be detained for such period as is necessary to enable the necessary identification evidence to be taken.

(4)The court shall inform the person concerned of the effect of sub-paragraph (3) above.

(5)Where the person concerned is in prison or is otherwise lawfully detained—

(a)sub-paragraphs (1) to (4) above shall not apply; and

(b)the necessary identification evidence may be taken at the place where the person is detained or at such other place as the nominated court may direct.

Consent to taking of evidence

4(1)The necessary identification evidence may be taken—

(a)with the consent, given in writing, of the person from whom such evidence is to be taken; or

(b)without that consent, in accordance with paragraph 5 below.

(2)The court shall inform the person concerned of the effect of sub-paragraph (1) above.

Taking of evidence without consent

5(1)A constable may, if authorised by an officer of the rank of superintendent or above, take the necessary identification evidence without consent.

(2)A constable authorised under sub-paragraph (1) above may use reasonable force in taking the necessary identification evidence.

(3)An officer may give an authorisation under sub-paragraph (1) above orally or in writing; but if given orally it shall be confirmed in writing as soon as is reasonably practicable.

(4)Before relevant physical data or a sample is taken from a person upon an authorisation given under sub-paragraph (1) above, the person shall be informed that the authorisation has been given.

Record of certain matters to be made

6(1)After relevant physical data or a sample is taken under this schedule, there shall be recorded as soon as is reasonably practicable any of the following which apply—

(a)the fact that the appropriate consent has been given;

(b)any authorisation given under paragraph 5(1) above; and

(c)the fact that the person has been informed under paragraph 5(4) above of the giving of such authorisation.

(2)A copy of the record shall be sent to the Scottish Ministers for transmission to the ICC together with the material obtained under this schedule.

Destruction of prints and samples

7Subsections (3) to (5) of section 18 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (destruction of prints or samples) shall apply in relation to relevant physical data and samples taken under this schedule in connection with the investigation of an ICC crime as they apply in relation to relevant physical data and samples taken in connection with the investigation of an offence under the law of Scotland.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources